Use this article to learn about new California laws starting January 1, 2019 on mandatory interlocks in California. Review the facts about SB 1046 here.
New California Laws Starting January 1, 2019 – SB 1046 – Mandatory Interlocks For Everyone In California
California adjusted the legal uses of ignition interlock devices (IIDs) in 2019. The new laws started on January 1, 2019. Senate Bill 1046 (SB 1046) requires mandatory interlocks for almost everyone in California following a conviction for driving under the influence (DUI).
This article focuses on SB 1046’s regulations on IID usage. Review California’s new laws here with the Simmrin Law Group and get help focusing on legal defenses to DUI charges by calling us at (310) 896-2723.
SB 1046 Requires Interlocks for DUI Convictions
IIDs have been used in California in the past. The court could require drivers to install an IID in some situations for a number of years. SB 1046 greatly expanded the usage of IIDs throughout the state. Since 2019, the court has mandated IID usage for:
- All drivers convicted of a DUI causing injury
- Most drivers convicted of non-injury DUIs
In fact, the only drivers who may not be required to install an IID are first-time offenders for non-injury DUIs. However, the court MAY require these drivers to install an IID as well.
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IIDs Allow Drivers to Operate Their Vehicles
Drivers who install an IID after a DUI conviction are allowed to continue operating their vehicles in California. This is a change from California’s older DUI laws. Previously, drivers would have their driving privileges suspended for a lengthy period of time after a DUI conviction.
Many drivers prefer to install an IID after a conviction, as this allows them to drive normally. First-time DUI offenders, who might not be required to install an IID, often choose to do so, instead of dealing with a lengthy license suspension.
Time-Frame for IID Installation Under SB 1046
California’s new IID laws require drivers to keep an IID on their vehicle for a set period of time after a DUI conviction. Drivers with a first-time conviction for a non-injury DUI may need to use an IID for six months. Other drivers must use an IID for:
- One year for a first DUI causing injury or a second standard DUI
- Two years for a second DUI causing injury or a third standard DUI
- Three years for additional DUI convictions
Drivers only begin using their IID officially after it is installed and approved by the Department of Motor Vehicles (DMV). IIDs must be installed by professional technicians for the installation to be considered official.
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Regulations for IID Usage Under SB 1046
Drivers are required to follow specific steps when utilizing an IID in California. Drivers have to blow into the IID each time they wish to operate their vehicles. The IID connects to a vehicle’s electrical system and will lock-out the vehicle if it detects alcohol on a driver’s breath.
In addition to initial breath testing, IIDs perform rolling re-tests. These re-tests must be completed as a driver travels throughout California. IIDs will generate a report if a driver ignores a rolling re-test. Failures on rolling re-tests are also recorded by an IID.
A criminal defense lawyer in Los Angeles can help drivers who fail IID testing. Call (310) 896-2723 to get legal advice handling an IID violation.
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Punishments for IID Misuse in California
According to SB 1046, drivers must use IIDs properly to avoid legal penalties. Drivers may have their license suspended or revoked if they:
- Tamper with an IID
- Try to remove an IID
- Attempt to bypass an IID
- Fail to properly service, calibrate, or maintain an IID
IIDs must be serviced regularly, often on a monthly basis. IIDs may also require calibration if a driver fails IID testing.
Failure to Properly Use an IID in California
Note that drivers ordered to use an IID can face criminal charges for driving without one. In fact, the court can charge an individual with driving on a suspended license in this situation. Convictions for driving on a suspended license can lead to fines, jail time, and other penalties.
Understanding the regulations on IID usage under SB 1046 can help drivers avoid legal penalties. California’s new IID laws will apply until at least 2026, so get familiar with them now.
Speak to an Expert About California’s New IID Laws
California’s new laws on IIDs require most drivers to install IIDs after a DUI conviction. SB 1046 can be difficult to understand without legal assistance. You can find answers to your questions by contacting the Simmrin Law Group. It’s easy to reach us, just complete our online contact form or call (310) 896-2723.
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